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PC 03-05-14 Meeting Minutes Frederick County Planning Commission Page 3064 Minutes of March 5, 2014 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on March 5, 2014. PRESENT: June M. Wilmot, Chairman/Member at Large; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Kevin Kenney, Gainesboro District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Charles F. Dunlap, Red Bud District; Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison; and Martha Shickle, Winchester Planning Commission Liaison. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; J. Stanley Crockett, Stonewall District; Charles E. Triplett, Gainesboro District; and Christopher M. Mohn, Red Bud District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; and Renee S. Arlotta, Clerk. ----------- CALL TO ORDER Chairman Wilmot called the March 5, 2014 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ------------- WELCOME ROBERT S. MOLDEN, OPEQUON DISTRICT COMMISSIONER Chairman Wilmot introduced the newly-appointed commissioner from the Opequon District, Mr. Robert “Robbie” S. Molden. She noted that Mr. Molden was appointed to fill the vacant seat left by Mr. Brian Madagan. Chairman Wilmot welcomed Mr. Molden to the Commission. ------------- ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Kenney, the Planning Commission unanimously adopted the agenda for this evening’s meeting. ------------- Frederick County Planning Commission Page 3065 Minutes of March 5, 2014 MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Kenney, the minutes of the January 15, 2014 and February 5, 2014 Planning Commission meetings were unanimously approved as presented. ------------- COMMITTEE REPORTS Sanitation Authority (SA) – 2/18/14 Mtg. Commissioner Unger reported the following information from the SA meeting: 14,304 customers currently on water; 13,549 customers currently on sewer; rainfall for January was approximately 1½ inches; rainfall for December was approximately 5½ inches, water usage from the Diehl plant was 2.7mgd; water usage from the Anderson plant was 1.8mgd; and purchased approximately ¾ mgd from the City of Winchester; daily average is slightly over 5mgd; elevation of the Diehl plant is up approximately two feet; elevation of the Anderson plant is up approximately nine feet; a slight problem involving increased nitrogen levels (up 10.13 compared with the normal 2.0 level) was experienced at the Parkins Mill Plant, due to a mishap at H.P. Hood; 17% of leaks have been contained; two wells are being tested in the Stephenson area and results are looking positive. ------------- Historic Resources Advisory Board (HRAB) – 2/18/14 Mtg. Commissioner Oates reported that the HRAB discussed a Comprehensive Plan amendment involving the McCann-Slaughter properties in the Stephenson area. Commissioner Oates said the HRAB voted to maintain a Developmentally Sensitive Area (DSA) designation over this area. ------------- Transportation Committee – 2/24/14 Mtg. Commissioner Oates reported the Transportation Committee had a lengthy discussion regarding private streets in the Shenandoah development; he said this discussion will be continuing with input from other subcommittees. Commissioner Oates said there was a request for Cougill Road to be paved and bumped up on the list for hard-surfacing; he said unfortunately, no funding is available for paving at this time. Commissioner Oates stated a group of 4-5 property owners attended the meeting and requested that a private road located off Route 522 North be brought into the State System. He said there was a long discussion about what it takes to bring a private road up to State standards in order to get the Frederick County Planning Commission Page 3066 Minutes of March 5, 2014 road into the State’s System. He said VDOT was available to provide additional information. Commissioner Oates believed the cost of bringing this private road up to standards would be too much for the property owners to bear. Commissioner Oates deferred to Ms. Shickle to provide the update on the MPO. Commissioner Oates said VDOT gave a presentation on Devolution, a program in effect since 2001; he said the presentation described the steps involved for how the County could take over a road; however, the funding is only about half of what is normally received, if VDOT took care of the road. ------------- City of Winchester Planning Commission City Planning Commissioner, Martha Shickle, reported the City Planning Commission Retreat was rescheduled to this Saturday, March 8, 2014, and another meeting is scheduled for Tuesday, March 11, 2014. Commissioner Kenney, Liaison to the Winchester Planning Commission, reported the City Planning Commission meeting held on the 18th of February conducted business on the following items: approved a request for extended hours for a restaurant on Valley Avenue under Entertainment District; approved a request for a conditional use permit for Ms. Rhodes to work in her home; postponed consideration of an ordinance to rezone land on Commerce Street until a fiscal analysis report from site engineers was received; considered an ordinance for amendment to the floodplain; and considered some administrative items. ------------- Board of Supervisors’ Liaison Comments Supervisor Hess recalled the February 5 Planning Commission meeting in which the Commission considered a conditional use permit for Wesley Rudolph for a small engine repair business. Supervisor Hess said it was clear to the Board from review of the Commission’s discussion, that there was a desire to reduce some of the restrictions, especially considering the location and type of operation. He said the Board, considering that all repair was to be done within the enclosed structure, eliminated the restrictions on hours and days of operation, figuring there would be occasions, especially during the busy season, where a customer might need a mower, chainsaw, or weed-eater the next day and Mr. Rudolph may need to work late to accommodate that customer. Supervisor Hess said it also appeared that perhaps when the Commission had removed Condition #5 on the original proposal, it eliminated any possibility of Mr. Rudolph storing any lawn tractors outside that he may be repairing. He said the Board added a condition enabling up to five vehicles, namely lawn and garden tractors, which could be stored outside awaiting repair. Since all the repair work was to take place inside, no one seemed to have a problem with this. Supervisor Hess said the Board was pretty much in agreement with the intent of the Planning Commission to recognize the unique circumstances of this particular conditional use permit request. ------------- Frederick County Planning Commission Page 3067 Minutes of March 5, 2014 Citizen Comments Chairman Wilmot called for citizen comments on any subject not currently on the Planning Commission’s agenda. The following person came forward to speak: Mr. Alan Morrison, Gainesboro District, came forward to address the Floodplain Overlay District. Mr. Morrison assumed the new proposed regulations were designed for new development and Frederick County would take steps to prevent future development within a Floodplain District. Mr. Morrison said his concern is with existing properties within floodplains, and the fact that floodplain areas are poorly defined. He asked if these new regulations would impact current appraisal values. He explained that if someone owns a parcel of property which is not yet developed, and the property is considered to be partially within a floodplain, although the map is likely not as accurate as it should be, would it tie back to the appraisal value of the property. Mr. Morrison said he owns a parcel of property which is valued at four times what it should be and he has been through the appeal process. He said the map indicates the parcel is only partially within the floodplain; however, he has photographic evidence the parcel is over 90% within a floodplain. He said unfortunately, photographs are not considered to be valid evidence in the appeals process. Mr. Morrison believed the floodplain areas should be connected to the appraisal process. Commissioner Kenney asked Mr. Morrison if he meant the assessment value, rather than appraisal. Mr. Morrison replied yes, the assessment. No one else wished to speak and Chairman Wilmot closed the citizen comments portion of the hearing. ------------- PUBLIC HEARING 2014-2015 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects requested by various Frederick County departments and agencies. The CIP is created as an informational component of the 2030 Comprehensive Plan. Action – Recommended Approval Deputy Planning Director, Michael T. Ruddy, reported the Comprehensive Plans and Programs Committee (CPPC) endorsed the 2014-2015 Capital Improvements Plan (CIP) at the end of last year and they recommended the determination be made that it is in conformance with the 2030 Comprehensive Plan. Mr. Ruddy said following discussions of the CIP by the Planning Commission and the Board of Supervisors, the Board directed the staff to move the CIP forward through the public hearing process. Mr. Ruddy said the staff is seeking two motions from the Planning Commission this evening. The first would be a determination that the CIP is in conformance with the 2030 Comprehensive Plan and the second motion would be a recommendation from the Commission endorsing the CIP. Mr. Ruddy next proceeded to give an overview of the CIP. He said there are 92 total projects, which is a slight increase from last year. He pointed out the three-page table within the CIP which includes a good deal of information and summarizes individual projects and the money associated with the projects. Mr. Ruddy said this document is a planning tool to assist the County and is not a Frederick County Planning Commission Page 3068 Minutes of March 5, 2014 budget document. In addition to the table, he said four maps are included which provide a visual representation of where the different projects are located. He said the first map contains general County Government, the second map highlights schools, the third map deals with the Department of Parks & Recreation, and the fourth map deals with transportation improvements. Mr. Ruddy reported that projects moving forward or completed include: all-day kindergarten at the schools; the Gainesboro Citizens’ Convenience Center by Public Works; and the Airport’s completed runway. The new and/or modified projects include: the County Administration and the Schools both reflect the County/School Board Joint Administration Building; the Parks & Recreation projects reflective of the public input survey efforts; and Transportation has been split into two sections, the funded and the unfunded projects. He added some minor changes were made to the Library request, the Airport request, and a couple new company requests from Fire & Rescue. Mr. Ruddy emphasized the CIP continues to reinforce the connection between the CIP, the Comprehensive Plan, and Rezonings. Chairman Wilmot next opened the public hearing to citizen comments and she called for anyone wishing to speak regarding the CIP. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Oates made a motion stating the 2014-2015 Capital Improvements Plan (CIP) is in conformance with the 2030 Comprehensive Plan. This motion was seconded by Commissioner Dunlap and was unanimously passed. Commissioner Oates next made a motion endorsing the 2014-2015 Capital Improvements Plan and recommended its approval to the Board of Supervisors. This motion was seconded by Commissioner Kenney and unanimously passed. BE IT RESOLVED, the Frederick County Planning Commission does hereby determine, by a unanimous vote, that the 2014-2015 Capital Improvements Plan (CIP) is in conformance with the 2030 Comprehensive Plan; and, BE IT FURTHER RESOLVED, the Frederick County Planning Commission does hereby unanimously endorse the 2014-2015 Capital Improvements Plan and recommends its approval to the Board of Supervisors. (Note: Commissioners Thomas, Crockett, Triplett, and Mohn were absent from the meeting.) ------------- Public Facilities and the 2030 Comprehensive Plan – The Planning Commission will discuss a proposed amendment to the 2030 Comprehensive Plan; Public Facilities as a component of the 2030 Comprehensive Plan. This amendment is a follow up to, and in support of, the discussion of the Capital Improvements Plan (CIP) and the proposed County/ School Board Administration Building to be located generally in Frederick County’s Urban Development Area. The proposed amendment continues to promote Frederick County government and its effort to provide accessible, effective, and high-quality government services to its citizens, business owners, and community partners. The proposed amendment would be inserted into the Comprehensive Plan within Chapter VI, Public Facilities-Creating Community. Frederick County Planning Commission Page 3069 Minutes of March 5, 2014 Action – Recommended Approval Deputy Planning Director, Michael T. Ruddy, reported that the Public Facilities and the 2030 Comprehensive Plan proposed amendment to the 2030 Comprehensive Plan is presented to the Planning Commission as a public hearing item. Mr. Ruddy said the staff received direction from the Board of Supervisors during their discussion of this item to move the Public Facilities and the 2030 Comprehensive Plan amendment through the public hearing process. This was following a discussion of the location expectations part of this amendment. He said staff has incorporated comments received from the Board of Supervisors into the amendment which has been forwarded to public hearing. Mr. Ruddy stated the Comprehensive Plans & Programs Committee (CPPC) endorsed the proposed amendment at their meeting on October 14, 2013. He said the proposed amendment was initiated by the CPPC of the Planning Commission as a result of the initial discussion of this subject at the August 26, 2013 CPPC meeting. He added the recent amendment to the CIP (Capital Improvements Plan) was a catalyst for this discussion. Mr. Ruddy presented the proposed language, with the Board’s revisions highlighted in red, as a potential addition to be inserted into the 2030 Comprehensive Plan within Chapter VI, Public Facilities–Creating Community with Public Facilities. Mr. Ruddy said the purpose of the proposed amendment is to clarify and support what is already within the plan when it comes to community facilities. Therefore, by the addition of the Frederick County Government Services with some policies and some methods of implementation, the County is reinforcing the appropriate location and promoting good accessibility to Frederick County Government services by making sure those services are located in the appropriate areas; and, furthermore, guarantees government services are accessible through the use of technology, which connects local government with the community. Mr. Ruddy pointed out the highlighted section which read, “In general, the County shall strive to improve access to government services through a variety of creative and proactive approaches. This may include, but is not limited to, physically building community facilities in urban areas and those locations including the County’s Urban Development Area, Sewer and Water Service Area, and/or areas identified as future Urban Centers.” Chairman Wilmot announced this was a public hearing and she called for anyone wishing to speak regarding this item to please come forward. No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the hearing. Commissioner Oates recalled when the request for the CIP change came through for the County office building last summer; he was not in favor because it was not in the Comprehensive Plan. Commissioner Oates said he likes the fact this will be in the Comprehensive Plan, so the next time it comes before the Commission as an application, there will be valid support in the Comprehensive Plan. Commissioner Oates stated he supported this proposed amendment. Commissioner Oates next made a motion to adopt this change to the Comprehensive Plan. His motion was seconded by Commissioner Manuel and was unanimously passed. Frederick County Planning Commission Page 3070 Minutes of March 5, 2014 BE IT RESOLVED, that the Frederick County Planning Commission does hereby endorse and recommends approval of the amendment to the Public Facilities and the 2030 Comprehensive Plan. This amendment is a follow up to, and in support of, the discussion of the Capital Improvements Plan (CIP) and the proposed County/School Board Administration Building to be located generally in Frederick County’s Urban Development Area. The proposed amendment continues to promote Frederick County Government and its effort to provide accessible, effective, and high-quality government services to its citizens, business owners, and community partners. This amendment will be inserted into the Comprehensive Plan within Chapter VI, Public Facilities-Creating Community. (Note: Commissioners Thomas, Crockett, Triplett, and Mohn were absent from the meeting.) ------------- INFORMATION/ DISCUSSION ITEMS Floodplain Overlay District - Discussion on Revisions to Part 702 of the Frederick County Zoning Ordinance, Floodplain Overlay District No Action Required Planning Director, Eric R. Lawrence, reported that a similar revision to Part 702, Floodplain Districts, was accomplished in 2009 as directed by the Department of Conservation and Recreation (DCR). Also in 2009, the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) adopted new floodplain maps and required counties to amend their ordinances, if they wanted to continue to participate in the flood insurance program. Mr. Lawrence explained that with this newest revision, FEMA has not modified the floodplain maps, and Frederick County will continue using the 2009 maps. However, FEMA has made changes to some regulations which are now filtering down through the process to various counties and they want to make certain counties are complying with requirements of both FEMA and DCR. Mr. Lawrence said the premise behind this is for Frederick County to qualify and participate in the National Flood Insurance Program. In order to do this, Frederick County will need to make these changes. Ultimately, the staff will be seeking Board of Supervisors’ approval following public hearings. Mr. Lawrence added that Frederick County’s draft changes to the Floodplain District are acceptable to DCR and DCR will submit the amended ordinance to FEMA for compliance. He noted Frederick County has until the end of June 2014 to satisfy the requirements. He also noted that Frederick County’s maps will not be changing and the same maps from 2009 will continue to be used. Mr. Lawrence said what is changing specifically is the process of procedurally allowing construction within floodplain areas and the appeals process. Mr. Lawrence next presented the draft changes to the FP Floodplain District which showed new language in underlined bold and obsolete language stricken. Mr. Lawrence reviewed with the Commission some of the primary revisions in the following sections: the new text regarding designation and duties of the floodplain administrator; the new sections for jurisdictional boundary changes and submitting technical data; the relocation and revisions to the “Description of Special Flood Hazard Districts” sections; the revised “Factors to be Considered in Granting Variances” section; the revised “Elevation and Construction Standards” section; and new and revised definitions. Frederick County Planning Commission Page 3071 Minutes of March 5, 2014 Mr. Lawrence stated this item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on January 23, 2014. He said the DRRC endorsed the changes and recommended that it be sent to the Planning Commission for discussion. Commissioner Oates commented there was a Board of Zoning Appeals’ (BZA) case last fall involving the Floodplain District. Commissioner Oates pointed out the ordinance applies to more than residential dwellings; it also applies to barns and simple garden sheds. He said these structures cannot be constructed within a floodplain. Commissioner Oates said he hasn’t taken on any floodplain jobs in his surveying business for about ten years because there is so much red tape involved. He said there are only a handful of surveyors left who will attempt this. Commissioner Oates said he realized Frederick County has to participate; otherwise, flood insurance would cost way too much for the property owner. He said even though the maps were digitized, the maps are the same and they’re not very accurate. Commissioner Oates stated that FEMA has a program where shared funds from both the County and FEMA are used to accurately determine where the floodplain is located, so there is not so much discrepancy between the topography and the floodplain maps. He believed it could save citizens a considerable amount of money because currently, it is expensive to have a floodplain study done. He said the Board of Supervisors may want to consider having Frederick County’s floodplain maps made more accurate for its citizens. Commissioner Oates added that it would be good if the County Assessors would take these issues into consideration when they assess property, whether it is buildable or not. Commissioner Dunlap stated he also had concerns about the floodplain maps because it is probably not too clear on what sort of data these maps are based on. Commissioner Dunlap said he raises this concern because it has been a topic of discussion lately of the regulatory process. He said some localities are using the GPIN aerial topographic data maps to determine flood limits and this is actually prohibited under Section 54, the Code of Virginia. He stated specific field runs or aerial topography performed under a licensed surveyor-photogrammetrist or land surveyor must be used. He noted that many of these county topographic maps don’t meet this qualification. Commissioner Dunlap said this could result in property owners having to spend a considerable amount of money attempting to get this corrected. Mr. Lawrence commented this amendment does not drastically change the rules, but simply tightens the procedural details. Mr. Lawrence said the staff will share the concerns raised by the Commission with the Assessor’s Office and will also forward those concerns to the Board of Supervisors. ------------- DISCUSSION OF THE PLANNING COMMISSION’S 2014 RETREAT Planning Director, Eric R. Lawrence, thanked everyone for participating in the 2014 Planning Commission Retreat on February 8 at the Holiday Inn in Winchester. He reported there was excellent attendance and it was a productive day of strategic resource planning and interaction. Mr. Lawrence provided a summary of the topics and associated discussions, which included the major planning projects for 2014. During the 8:30 a.m. to 10:30 a.m. portion of the retreat, Mr. Lawrence said a number of action items were established and he proceeded to provide an overview of those with the members of the Commission. Frederick County Planning Commission Page 3072 Minutes of March 5, 2014 The final session Mr. Lawrence reviewed centered on a Planning Commission Mission Statement. Mr. Lawrence stated the Commission had expressed the desire to create a mission statement and some potential language was discussed at the retreat and a preferred mission statement was chosen. He said additional comments have been received since the retreat and Mr. Lawrence read the final version for the Commission’s consideration. Mr. Lawrence believed the statement captured what commissioners do as a Planning Commission body and what the Commission does for the community. Commissioner Unger believed all of the proposed actions described were very good and would benefit the Commission. He appreciated the staff following up on the items considered at the retreat and the other Commission members agreed. Upon motion made by Commissioner Oates and seconded by Commissioner Kenney, BE IT RESOLVED, that on this date, March 5, 2014, the Frederick County Planning Commission does hereby adopt the following mission statement by a unanimous vote: “It is the mission of the Planning Commission to fairly and impartially represent the citizens of the County on all planning issues brought before the Commission; and in so doing apply all applicable policies, ordinances, and laws, to bring about effective recommendations to the Board of Supervisors in support of the Comprehensive Plan and the citizens of our county.” (Note: Commissioners Thomas, Crockett, Triplett, and Mohn were absent from the meeting.) ------------- OTHER Cancellation of the Planning Commission’s March 19, 2014 Meeting Chairman Wilmot announced there were no pending items for the March 19, 2014 meeting of the Planning Commission. A motion was made by Commissioner Oates to cancel the March 19, 2014 meeting. This motion was seconded by Commissioner Marston and unanimously passed. -------------